Pregnancy, Parenting & Lactation

Rights

• Title IX prohibits discrimination on the basis of sex-including pregnancy, parenting, and all related conditions in all educational programs and activities that receive federal funding. Students who might be, are, or have been pregnant must have the same access to programs, activities, and educational opportunities that other students have. Students may not be told to drop out of college or change their educational plans because of a pregnancy. 
• Absences must be excused due to pregnancy or any related condition for as long as a doctor deems it medically necessary. This holds true even when there are no leave policies for students with other conditions. When a student returns to the university, they must be reinstated to the status held before leaving. 
• Students must be allowed to make up any work missed while being out due to pregnancy, or any related conditions, including medically necessary "bed rest" prior to giving birth, and recovery from childbirth. 

Resources

On-Campus:

• Student Health Center provides a variety of services for women including pregnancy testing and counseling.
• Counseling Center is resource for support of mental health and emotional wellness.
• Student Accessibility Services provides support for pregnancy related accommodations.
• W&M Campus Food Exchange is a confidential program aimed to provide W&M students with food insecurities and their dependent family members access to nonperishable food and hygiene products when school is in session.

Off-Campus:

• Sentara Williamsburg Family Maternity Center
• Riverside Hospital
• Hope Pregnancy Care Center
• Child Development Resources
• CHKD Parenting Classes and Resources
• Virginia Statewide Parent Education Coalition

FAQ

Does my school have to excuse absences due to pregnancy and related conditions?  Yes, schools must excuse absences due to pregnancy and other related conditions for as long as medically necessary. Upon your return to school, you must be reinstated to the status you held before your absence. 

Am I allowed to make up any missed work?  Your school must provide you with the opportunity to make up any missed work while you were out.

Am I allowed to continue participation in classes and extracurricular activities?  You must be allowed to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in clubs, sports, honor societies and student leadership opportunities.

Does my school have to provide special academic services to me like tutoring?  If these special services are provided to students with other temporary disabilities, then the school is required to provide them to pregnant students.

I want to return to school three days after I have the baby but my department head thinks I should take more time off.  What should I do?  Your school must leave it up to you and your doctor to decide when to return. 

I want to breastfeed my child.  Am I allowed to do this on campus?  Title IX prohibits schools from discriminating against pregnant and parenting students under Title IX. Lactation is a normal part of of pregnancy and parenting. Reasonable accommodations should be made to be in Title IX compliance.

Rights

The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination based on pregnancy, childbirth, or other related medical conditions relating to pregnancy. Pregnancy discrimination is also prohibited by Title IX.

Employers may not discriminate based on pregnancy, pregnancy-related symptoms or complications arising from pregnancy, or side effects of delivery. Employers may not discriminate through disparate treatment, including but not limited to:

• Failing to allow a pregnant employee to work as long as they are able to perform the duties of their job
• Requiring an employee to remain on leave until the baby is born even if the employee has been absent from work as a result of pregnancy-related condition and recovers
• Failing to extend disability leave or leave without pay to a pregnant employee who is temporarily disabled due to pregnancy
• Singling out pregnancy related conditions for medical clearance procedures that are not required of other employees

Laws prohibiting disability-discrimination also protect pregnant employees when conditions arising from their pregnancy constitute a disability. Employers are required to provide reasonable accommodations to pregnant employees with a pregnancy-related disability or impairment. Reasonable accommodations may also be provided to parenting employees (Lactation needs, for example).

Resources

• University Human Resources
  • Adding Family Members to Health Coverage
  • Parental Leave FAQ
• Community Resources 
  • Sentara Williamsburg Family Maternity Center
  • Riverside Hospital
  • Hope Pregnancy Care Center
  • Child Development Resources
  • CHKD Parenting Classes and Resources
  • Virginia Statewide Parent Education Coalition

FAQ

What kinds of medical conditions related to pregnancy or childbirth are protected under the Pregnancy Discrimination Act?  Examples of medical conditions related to pregnancy that are protected are: back pain, lactation, and gestational diabetes.

Can an employer take adverse action based on concern about a pregnant woman's health and safety?  No, these types of restrictions are rarely justified. Employers can require that a pregnant woman complete all her employment duties, but cannot take any negative employment related actions.

Are pregnant women protected from harassment?  Yes, offensive and unwanted conduct directed at a woman based on pregnancy, childbirth or other related medical conditions can constitute harassment depending on frequency and severity. Examples include jokes, insults and threats. 

What leave do I get?  Your leave eligibility depends on what category of employee you are -- faculty, operational, classified, professional, executive, or hourly. University Human Resources Benefits & Leave website provides information about the different leave programs.  

What protections does the Family and Medical Leave Act provide for pregnant employees and their families?  FMLA requires employers with 50 or more employees to provide covered employees with up to 12 weeks of leave to care for a newborn child, a newly adopted child, the employee's own medical condition, and a seriously ill spouse or child. To find out about your specific eligibility, contact the University Human Resources at [[askhr]].

What must an employer provide to workers who need to express breast milk in the workplace?  Employers are required to provide a reasonable amount of break time and a space to express mile as frequently as needed by the nursing mother for up to one year following the birth of the child. The frequency of breaks and the duration of each break will likely vary. The space provided cannot be a bathroom and it must be shielded from view and free from intrusion by coworkers or the public. 

Do I need to talk with my supervisor if I want to breastfeed?   Yes, an employee who wants to breastfeed or express milk should let her supervisor know. Supervisors and employees will work together to establish reasonable times each day that do not unduly disrupt the operations of the department or office. 

Am I allowed to bring my baby to and from work to breast feed?  Yes, nursing mothers may choose to have their babies brought to and from the work place to be breastfeed during authorized lactation breaks. Nursing mothers who do not have private offices, or who work in areas where infants are not permitted, may use lactation facilities on campus (see below) for breastfeeding or expressing milk. University Human Resources [[askhr]] or the Office of Compliance & Equity [[equity]] are available to assist employees to find other spaces as needed.

Rights

• The right to reasonable break times (to include travel time to lactation site; time to retrieve necessary supplies; and any other necessary steps) to express breast milk for 1 year after a child's birth;
• The right to access a space, other than a bathroom, that has a lock, is shielded from view, and is free from intrusion to use for expressing milk or breast feeding.
• Employees and supervisors should work together to ensure that the rights of the lactating mother are met and the functions of the department or office are disrupted as little as possible.
• Lactating mothers will:
  • Let their supervisor know whether they would like to breast feed at work (which may include in a private office), express milk at work, or visit their child in a nearby location
  • Work with their supervisor to establish reasonable times each day to breast feed or express milk that do not unduly disrupt the operations of the department or office
  • Work lactation breaks around scheduled class times (for faculty)
• Supervisors will:
  • Make sure they are aware of employees' rights
  • Allow reasonable break times to include travel time to the lactation site, and may include two to three breaks during an eight-hour shift, for the mother to express breast milk or breast feed
  • Work with the employee to establish reasonable times each day for lactation that do not unduly disrupt the operations of the department or office
  • Assist the employee in finding a suitable space on campus to express milk or breast feed, if the employee does not have access to a private office and prefers to express milk ore breast feed at work. Further information about suitable locations is provided below. 

Title IX prohibits discrimination on the basis of sex, including pregnancy, parenting and all related conditions, including lactation.  

• Lactating mothers have the right to a space, other than a bathroom, that is shielded from view, has a lock, and is free from intrusion to express milk or breast feed. 
• Students are free to breast feed in any location they and their infant child are authorized to be in (please note, infants and small children are not permitted in classrooms during class instruction or other academic programs). 
• Reasonable accommodations will be made for lactating students. For assistance and more information, contact Student Accessibility Services [[sas]] 757-221-2512 or the Office of Compliance & Equity [[equity]].

On-Campus Resources

The following on-campus locations have rooms that may be used for lactation. For more information about specific room locations and to coordinate use of the space, please reach out to the contact person listed below. While this list provides information about buildings and spaces that have been set aside for lactation, Student Accessibility Services will work with students to find other spaces as needed. 

Kaplan Arena (or other athletic facilities)
Please contact Jaime LaBianco jllabi@wm.edu 757-221-3332
or Peel Hawthorne pshawt@wm.edu 757-221-3360 to coordinate space

Hornsby House
Room 302
Contact Bobbi Jo Stevens  bcstevens@wm.edu 757-221-1619

School of Education
Contact Teri Brandon [[tbbrandon]] 757-221-5848
*Room 1105 is accessible to anyone and can be locked from the inside

VIMS
Clayton Hall (2 spaces available)
Chesapeake Bay Hall Room 208
Contact Sally Brooks sabrooks@vims.edu or 804-684-7201; or Bethany Zoll bmzoll@vims.edu or 804-684-7297 

Law School
Room 248
Sara Titcomb smiticomb@wm.edu 757-221-1423
Arielle Newby asnewby@wm.edu 757-221-1320

School of Business
Andrew Gilstrap agilstrap@wm.edu 757-221-4665
*Room 2027A can be used for this purpose; call to coordinate use;

Space is available at the Peninsula Center. 
Contact Lynaye Stone ptmbaprogram@wm.edu 757-221-4300 to coordinate use. 

Swem Library 757-221-3072
Room 308, located on the third floor; Access to the room is available during library operating hours, and is available on a first come first serve basis. To use the room, check out the key at the Circulation Desk on the first floor. You will need to show an ID to check out the key (W&M ID or Driver's License).

Washington Center
Rooms 3212 and 6206 are available for use.
Please contact Roxane Adler Hickey roadle@wm.edu 202-836-8606 with questions

McCleod Tyler Wellness Center
Space is available on the second floor. Reservations can be made on the Wellness Center website. 
Contact wellness@wm.edu or 757-221-1439

Community Resources

• Child Development Resources: Breastfeeding Support Group
• Sentara Hospital Breastfeeding Class
• Sentara Hospital Breastfeeding Support Group
• Virginia Breastfeeding Coalition